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(영문) 광주지방법원 목포지원 2016.10.28 2016고단881
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 3, 2016, the Defendant: (a) was driving a D car in the front direction of the Mapo-Maritime Affairs and Fisheries Office at 130 as of August 21, 2016, which was in the unification of Mapo-si, and later was driving a D car under the influence of Mapo-si, and (b) was driving the Mapo-si, the victim who was under the influence of alcohol control, after the reaction of drinking alcohol at the drinking-free season, and then the Defendant was driving the F and the Mapo-gu Police Station G department in the vicinity to require the Mapo-si to take a drinking test.

이에 피고인은 피해자가 위 C에 대한 음주측정을 하지 못하도록 하고자 위 C에게 “C아 불지마, 여기서 불지마”라고 말하고, 피해자 등 단속 경찰관들에게는 “야 신분증 줘봐, 마스크 벗어, 야 이 개새끼야”라는 등 욕설을 하면서 몸으로 위 봉고차 문 앞을 가로막았다.

The Defendant, as seen above, resisted the Defendant who prevented the victim from winging the vehicle and obstructed the measurement of drinking, resisted the said defect, and knife the victim’s right part by hand, 7 times close the chest, and knife the knife attached inside the wing vehicle with his left part, and removed the knife with knife’s hand by the victim’s hand with knife’s hand on the right part, which requires approximately 2 weeks of treatment.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on drinking control, and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to Assistant E by the police;

1. A written statement of H;

1. Investigation report (Submission of a medical certificate to the victim E);

1. Application of each Act and subordinate statutes to on-site damage photographs and cell phone image CDs;

1. Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order.

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